asked the Minister for Local Government if he is aware that the practice of restricting the liability of builders of new houses to repair only such defects as appear within a period of six months of the completion of such houses is on the increase; and that this restriction is frequently imposed to deprive purchasers of houses of their common law and statutory rights; and if, having regard to the current pressing demand for housing, he will take steps to render such restrictions void and to provide that a builder of a house shall be liable to make good any structural defect appearing within a period of two years of completion of such house.
Ceisteanna—Questions. Oral Answers. - Liability for House Repairs.
23.
Mr. Ryan
I am not aware that the insertion of such a "repair clause" in a building contract has the effect of limiting the liability of the builder under the implied common law warranty that the house shall be well built of proper materials and fit for habitation.
Mr. Ryan
While appreciating the fact there is room for argument regarding the effect and extent of such a restriction, would the Minister not consider it desirable that members of the public should be made aware that such a restriction is not necessarily as restrictive as it might appear? Furthermore, does he not think it would be desirable to prevent building contracts being drawn up which have this clause which misleads people into believing they are debarred from complaining after six months?
Of course the purchaser of a house should have proper legal and technical advice before he purchases.
Mr. Ryan
I would not disagree with the Minister for a moment. The Minister must be well aware that the practice existing in many places is for people to engage the builder's solicitor to do all the legal work. On account of the pressing demand for houses, particularly in Dublin, at present, the majority of builders are now inserting a clause restricting any claim for repairs to six months from the time the house is built, which is obviously unreasonable.
Most people would be aware they are taking a risk in not having adequate advice of an independent nature.
Mr. Ryan
They have no option in many cases.
They have an option.
Mr. Ryan
They have not the money.
Is the Minister aware that one of the conditions of sale with certain builders is that the purchaser must employ their solicitor and no other? I have come across that on numerous occasions.
I am not so aware.